(1) Each year, a benefit company shall send the benefit report described in Section 48-4-401 to each member:

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Terms Used In Utah Code 48-4-402

  • Benefit company: means a limited liability company:
         (1)(a) that elects to become subject to this chapter; and
         (1)(b) the status of which as a benefit company has not been terminated. See Utah Code 48-4-103
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
     (1)(a) within 120 days after the day on which the benefit company’s fiscal year ends; or
     (1)(b) the day on which the benefit company delivers any other annual report to the benefit company’s members.
(2)

     (2)(a) Within five days after the day on which a benefit company sends a benefit report to each member in accordance with Subsection (1), the benefit company shall:

          (2)(a)(i) subject to Subsection (2)(b), post a copy of the benefit report on a public portion of the benefit company’s website; and
          (2)(a)(ii) deliver a copy of the benefit report to the division for filing.
     (2)(b) If a benefit company does not have a website, the benefit company shall provide a copy of the benefit report, without charge, to any person who requests a copy.
     (2)(c) The benefit company may omit any financial or proprietary information from a copy of a benefit report described in Subsection (2)(a) or (b).
     (2)(d) The division may charge a fee established by the division in accordance with Section 63J-1-504 for filing an annual benefit report in accordance with this section.